Insurance Defense Counsel: Confidentiality and Sharing of Information
1 PM GMT
Don’t miss this FREE hot topic teleconference, part of the ABA-TIPS Member Mondays CLE Series on Monday, December 5th! This complimentary teleconference series was created for TIPS members to address your areas of practice!
Insurance defense counsel owes the insured being defended a duty of confidentiality. But information must be shared with a liability insurer responsible for funding and directing the defense, which may also be defense counsel's client. In particular, there can be problems if defense counsel learns information that might suggest or support an argument for denying coverage.
This presentation will examine ways for defense counsel to comply with obligations to all parties and how to proceed when that is not possible. It will examine and critique ABA Ethics Opinion 08-450. It will consider how counsel's duty of confidentiality affects counsel's duties in training and establishing procedures for office staff.